Scotland Act 1998
Scotland Act 1998 (1998 c. 46)
- Scotland Act 1998 (1998 c. 46)
- Part I The Scottish Parliament
- The Scottish Parliament
- 1 The Scottish Parliament.
- General elections
- 2 Ordinary general elections.
- 3 Extraordinary general elections.
- 4 Calculating time for meeting of the Parliament.
- 5 Candidates.
- 6 Poll for regional members.
- 7 Calculation of regional figures.
- 8 Allocation of seats to regional members.
- Vacancies
- 9 Constituency vacancies.
- 10 Regional vacancies.
- Franchise and conduct of elections
- 11 Electors.
- 12 Power of the Scottish Ministers to make provision about elections
- 12A Power of the Secretary of State to make provision about the combination of polls
- 12B Power to make provision about the use of the UK digital service for absent voting applications
- Duration of membership
- 13 Term of office of members.
- 14 Resignation of members.
- Disqualification
- 15 Disqualification from membership of the Parliament.
- 16 Exceptions and relief from disqualification.
- 17 Effect of disqualification.
- 18 Judicial proceedings as to disqualification.
- Presiding Officer and administration
- 19 Presiding Officer.
- 20 Clerk of the Parliament.
- 21 Scottish Parliamentary Corporate Body.
- Proceedings etc.
- 22 Standing orders.
- 23 Power to call for witnesses and documents.
- 23A Power to impose requirements on specific bodies
- 24 Witnesses and documents: notice.
- 25 Witnesses and documents: offences.
- 26 Witnesses and documents: general.
- 27 Participation of the Scottish Law Officers.
- Legislation
- 28 Acts of the Scottish Parliament.
- 29 Legislative competence.
- 30 Legislative competence: supplementary.
- 30A Legislative competence: restriction relating to retained EU law
- 31 Scrutiny of Bills for legislative competence and protected subject-matter .
- 31A Two-thirds majority for Bills relating to a protected subject-matter
- 32 Submission of Bills for Royal Assent.
- 32A Scrutiny of Bills by the Supreme Court (protected subject-matter)
- 33 Scrutiny of Bills by the Supreme Court(legislative competence) .
- 34 ECJ references.
- 35 Power to intervene in certain cases.
- 36 Stages of Bills.
- Other provisions
- 37 Acts of Union.
- 38 Letters Patent and proclamations.
- 39 Members’ interests.
- Legal issues
- 40 Proceedings by or against the Parliament etc.
- 41 Defamatory statements.
- 42 Contempt of court.
- 43 Corrupt practices.
- Part II The Scottish Administration
- Ministers and their staff
- 44 The Scottish Government.
- 45 The First Minister.
- 46 Choice of the First Minister.
- 47 Ministers.
- 48 The Scottish Law Officers.
- 49 Junior Scottish Ministers.
- 50 Validity of acts of Scottish Ministers etc.
- 51 The Civil Service.
- Ministerial functions
- 52 Exercise of functions.
- 53 General transfer of functions.
- 54 Devolved competence.
- 55 Functions exercisable with agreement.
- 56 Shared powers.
- 57 ... Convention rights ....
- 58 Power to prevent or require action.
- Property and liabilities
- 59 Property and liabilities of the Scottish Ministers.
- 60 Transfers to the Scottish Ministers.
- 61 Property and liabilities of the Lord Advocate and the First Minister.
- 62 Transfers to the Lord Advocate.
- Transfer of additional functions
- 63 Power to transfer functions.
- PART 2A Permanence of the Scottish Parliament and Scottish Government
- 63A Permanence of the Scottish Parliament and Scottish Government
- Part III Financial Provisions
- 64 Scottish Consolidated Fund.
- 64A Assignment of VAT
- 65 Payments out of the Fund.
- 65A Destination of fines, forfeitures and fixed penalties
- 66 Borrowing by the Scottish Ministers etc.
- 67 Lending by the Secretary of State.
- 67A Lending for capital expenditure
- 68 Borrowing by statutory bodies.
- 69 The Auditor General for Scotland.
- 70 Financial control, accounts and audit.
- 71 Existing debt.
- 72 Accounts of loans to the Scottish Ministers.
- Part IV The tax-varying power
- 73 Power to fix basic rate for Scottish taxpayers.
- 74 Supplemental provision with respect to resolutions.
- 75 Scottish taxpayers.
- 76 Changes to income tax structure.
- 77 Accounting for additional Scottish tax.
- 78 Effect of tax reduction for Scottish taxpayers.
- 79 Supplemental powers to modify enactments.
- 80 Reimbursement of expenses.
- Part 4A Taxation
- CHAPTER 1 Introductory
- 80A Overview of Part 4A
- 80B Power to add new devolved taxes
- CHAPTER 2 Income Tax
- 80C Power to set Scottish rates for Scottish taxpayers
- 80D Scottish taxpayers
- 80DA Scottish taxpayers: Welsh parliamentarians
- 80E Close connection with Scotland or another part of the UK
- 80F Days spent in Scotland or another part of the UK
- 80G Supplemental powers to modify enactments
- 80H Reimbursement of expenses
- 80HA Report by the Comptroller and Auditor General
- CHAPTER 3 Tax on transactions involving interests in land
- 80I Tax on transactions involving interests in land
- 80J Certain transactions not taxable
- CHAPTER 4 Tax on disposals to landfill
- 80K Tax on disposals to landfill
- CHAPTER 5 Tax on carriage of passengers by air
- 80L Tax on carriage of passengers by air
- CHAPTER 6 Tax on commercial exploitation of aggregate
- 80M Tax on commercial exploitation of aggregate
- CHAPTER 7 Tax on Wild Fisheries
- 80N Tax on Wild Fisheries
- CHAPTER 8 TAX IN CONNECTION WITH BUILDING CONTROL APPROVAL ETC
- 80O Tax in connection with building control approval etc
- Part V Miscellaneous and general
- Remuneration of members of the Parliament and Government
- 81 Remuneration of members of the Parliament and Government.
- 82 Limits on salaries of members of the Parliament.
- 83 Remuneration: supplementary.
- Other provision about members of the Parliament etc.
- 84 Oaths.
- 85 Exemption from jury service.
- Arrangements at Westminster
- 86 Scottish representation at Westminster.
- 87 The Advocate General for Scotland.
- Cross-border public authorities
- 88 Cross-border public authorities: initial status.
- 89 Power to adapt etc. cross-border public authorities.
- 90 Power to transfer property of cross-border public authorities.
- The BBC
- 90A BBC Trust member for Scotland
- The Crown Estate
- 90B The Crown Estate
- Renewable electricity incentive schemes
- 90C Renewable electricity incentive schemes: consultation
- Miscellaneous
- 91 Maladministration.
- 92 Queen’s Printer for Scotland.
- 93 Agency arrangements.
- 94 Private legislation.
- 95 Appointment and removal of judges.
- 96 Provision of information to the Treasury.
- 96A Provision of information to the Office for Budget Responsibility
- 97 Assistance for registered political parties in the Parliament.
- Juridical
- 98 Devolution issues.
- 99 Rights and liabilities of the Crown in different capacities.
- 100 Human rights.
- 101 Interpretation of Acts of the Scottish Parliament etc.
- 102 Powers of courts or tribunals to vary retrospective decisions.
- 103 The Judicial Committee.
- Supplementary powers
- 104 Power to make provision consequential on legislation of, or scrutinised by, the Parliament.
- 105 Power to make provision consequential on this Act.
- 106 Power to adapt functions.
- 107 Legislative power to remedy ultra vires acts.
- 108 Agreed redistribution of functions exercisable by the Scottish Ministers etc.
- 109 Agreed redistribution of property and liabilities.
- 110 Scottish taxpayers for social security purposes.
- 111 Regulation of Tweed and Esk fisheries.
- Part VI Supplementary
- Subordinate legislation
- 112 Subordinate legislation: general.
- 113 Subordinate legislation: scope of powers.
- 114 Subordinate legislation: particular provisions.
- 115 Subordinate legislation: procedure.
- 116 Transfer of property: supplementary.
- General modification of enactments
- 117 Ministers of the Crown.
- 118 Subordinate instruments.
- 119 Consolidated Fund etc.
- 120 Accounts and audit.
- 121 Requirements to lay reports etc. before Parliament.
- 122 Crown land.
- 123 Stamp duty.
- 124 Modification of sections 94 and 117 to 122.
- Amendments and repeals
- 125 Amendments and repeals.
- Final provisions
- 126 Interpretation.
- 127 Index of defined expressions.
- 128 Expenses.
- 129 Transitional provisions etc.
- 130 Commencement.
- 131 Extent.
- 132 Short title.
- SCHEDULES
- SCHEDULE 1 Constituencies, regions and regional members
- General
- Reports of Boundaries Scotland
- ...
- Orders in Council
- Notice of proposed report or recommendations
- Local inquiries
- The constituency rules
- The regional rules
- SCHEDULE 2 Scottish Parliamentary Corporate Body
- Membership
- Property
- Staff
- Powers
- Delegation
- Proceedings and business
- Crown status
- SCHEDULE 3 Standing orders – further provision
- Preservation of order
- Withdrawal of rights and privileges
- Proceedings to be in public
- Reporting and publishing proceedings
- The Presiding Officer and deputies
- Committees
- Crown interests
- SCHEDULE 4 Enactments etc. protected from modification
- Part I The protected provisions
- Particular enactments
- The law on reserved matters
- This Act
- Enactments modified by this Act
- Shared powers
- Part II General exceptions
- Restatement, etc.
- Effect of Interpretation Act 1978
- Change of title etc.
- Accounts and audit and maladministration
- Subordinate legislation
- Part III Consequential modification of sections 53 and 54
- SCHEDULE 5 Reserved matters
- Part I General reservations
- The Constitution
- Political parties
- Foreign affairs etc.
- Public service
- Defence
- Treason
- Part II Specific reservations
- Preliminary
- Reservations
- Head A – Financial and Economic Matters
- A1. Fiscal, economic and monetary policy
- A2. The currency
- A3. Financial services
- A4. Financial markets
- A5. Money laundering
- Head B – Home Affairs
- B1. Misuse of drugs
- B2. Data protection
- B3. Elections
- B4. Firearms
- B5. Entertainment
- B6. Immigration and nationality
- B7.Scientific procedures on live animals
- B8. National security, interception of communications, official secrets and terrorism
- B9. Betting, gaming and lotteries
- B10. Emergency powers
- B11. Extradition
- B12. Lieutenancies
- B13. Access to information
- Head C – Trade and Industry
- C1. Business associations
- C2. Insolvency
- C3. Competition
- C4. Intellectual property
- C5. Import and export control
- C6. Sea fishing
- C7. Consumer protection
- C8. Product standards, safety and liability
- C9. Weights and measures
- C10. Telecommunications and wireless telegraphy
- C11 Posts
- C12. United Kingdom Research and Innovation and Research Councils
- C13. Designation of assisted areas
- C14. Industrial Development Advisory Board
- C15. Protection of trading and economic interests
- Distortive or harmful subsidies
- Head D – Energy
- D1. Electricity
- D2. Oil and gas
- D3. Coal
- D4. Nuclear energy
- D5. Energy conservation
- Head E – Transport
- E1. Road transport
- E2. Rail transport
- E3. Marine transport
- E4. Air transport
- E5. Other matters
- Head F – Social Security
- F1. Social security schemes
- F2. Child support
- F3. Occupational and personal pensions
- F4. War pensions
- Head G – Regulation of the Professions
- G1. Architects
- G2. Health professions
- G3. Auditors
- Head H – Employment
- H1. Employment and industrial relations
- H2. Health and safety
- Interpretation
- H3. Job search and support
- Head J – Health and Medicines
- J1. Abortion
- J2. Xenotransplantation
- J3. Embryology, surrogacy and genetics
- J4. Medicines, medical supplies and poisons
- J5. Welfare foods
- Head K – Media and Culture
- K1. Broadcasting
- K2. Public lending right
- K3. Government Indemnity Scheme
- K4. Property accepted in satisfaction of tax
- Head L – Miscellaneous
- L1. Judicial remuneration
- L2. Equal opportunities
- L3. Control of weapons
- L4. Ordnance survey
- L5. Time
- L6. Outer space
- L7. Antarctica
- Part III General provisions
- Scottish public authorities
- Tribunals
- Reserved bodies
- Financial assistance to industry
- Assisted dying: identification and regulation of substances and devices
- Interpretation
- SCHEDULE 6 Devolution issues
- Part I Preliminary
- Part II Proceedings in Scotland
- Application of Part II
- Institution of proceedings
- Intimation of devolution issue
- Reference of devolution issue to higher court
- References from superior courts to Supreme Court
- Appeals from superior courts to Supreme Court
- Part III Proceedings in England and Wales
- Application of Part III
- Institution of proceedings
- Notice of devolution issue
- Reference of devolution issue to High Court or Court of Appeal
- References from Court of Appeal to Supreme Court
- Appeals from superior courts to Supreme Court
- Part IV Proceedings in Northern Ireland
- Application of Part IV
- Institution of proceedings
- Notice of devolution issue
- Reference of devolution issue to Court of Appeal
- References from Court of Appeal to Supreme Court
- Appeals from Court of Appeal to Supreme Court
- Part V General
- Direct references to Supreme Court
- Expenses
- Procedure of courts and tribunals
- Interpretation
- SCHEDULE 7 Procedure for subordinate legislation
- General provision
- Types of procedure
- Special cases
- SCHEDULE 8 Modifications of enactments
- Public Revenue (Scotland) Act 1833 (c.13)
- Crown Suits (Scotland) Act 1857 (c.44)
- Sheriff Courts and Legal Officers (Scotland) Act 1927 (c.35)
- Administration of Justice (Scotland) Act 1933 (c.41)
- Private Legislation Procedure (Scotland) Act 1936 (c.52)
- United Nations Act 1946 (c.45)
- Crown Proceedings Act 1947 (c.44)
- Public Registers and Records (Scotland) Act 1948 (c.57)
- Lands Tribunal Act 1949 (c.42)
- Defamation Act 1952 (c.66)
- Defamation Act (Northern Ireland) 1955 (c.11 (N.I.))
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49)
- Pensions (Increase) Act 1971 (c.56)
- Superannuation Act 1972 (c.11)
- ...
- Interpretation Act 1978 (c.30)
- Education (Scotland) Act 1980 (c.44)
- Civil Jurisdiction and Judgments Act 1982 (c.27)
- ...
- National Audit Act 1983 (c.44)
- Tourism (Overseas Promotion) (Scotland) Act 1984 (c.4)
- Bankruptcy (Scotland) Act 1985 (c.66)
- Insolvency Act 1986 (c.45)
- Public Order Act 1986 (c.64)
- Copyright, Designs and Patents Act 1988 (c.48)
- Official Secrets Act 1989 (c.6)
- Prisons (Scotland) Act 1989 (c.45)
- European Communities (Amendment) Act 1993 (c.32)
- Scottish Land Court Act 1993 (c.45)
- Value Added Tax Act 1994 (c.23)
- Requirements of Writing (Scotland) Act 1995 (c.7)
- Criminal Procedure (Scotland) Act 1995 (c.46)
- Defamation Act 1996 (c.31)
- Damages Act 1996 (c.48)
- SCHEDULE 9 Repeals
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